Jonsson v. Oxborrow

EISMANN, Justice.

This is an appeal from the denial of a motion to set aside a default judgment on the ground of excusable neglect. We hold that the district court abused its discretion in refusing to set the default judgment aside and therefore reverse.

I. PACTS AND PROCEDURAL HISTORY

On August 4, 2002, the plaintiff Keith Jonsson paid the defendant Bret Oxborrow the sum of $100,000. The parties dispute the purpose of the payment.

Jonsson contends that it was paid pursuant to a written agreement signed the same day granting Jonsson an option to purchase real property. The written agreement dated…